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The Oxford Handbook of International Trade Law
Daniel Bethlehem, Donald McRae, Rodney Neufeld, and Isabelle Van Damme
856 pages
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246x171mm
978-0-19-923192-8
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Hardback
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08 January 2009
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- The first single-volume systematic approach to this complex subject
- A comprehensive reference point on the broad context and future development of the world trading system
- Explores the relationships between the world trading system for other areas of international law
- Each chapter contains a select reading list to direct further research
Over the past 10 years, the content and application of international trade law has grown dramatically. The WTO created a binding dispute settlement process and in resolving disputes, the judicial organs of the WTO have built up a substantial amount of new international trade law. Emerging from this new WTO process is an international trade law system that is in some respects self-contained and in other respects overlapping and linked to other international legal, economic and political regimes. The 'boundaries' of trade law are now generating enormous interest and controversy which, at a broader level, is subsumed within the debate over
globalisation.
The detailed development of the rules of international trade is being examined with increasing frequency by scholars, government officials and trade law practitioners. But how does it fit with existing systems? How it is modified by them? How does the international trade law system affect and modify other regimes?
This Handbook places international trade law within its broader context, providing comment and critique on contemporary thinking on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with States and other aspects of the international system. It examines the economic and institutional context of
the world trading system, its substantive law (including regional trade regimes) and the settlement of disputes. The final part of the book explores the wider framework of the world trading system, considering issues including the relationship of the WTO to civil society, the use of economic sanctions, state responsibility, and the regulation of multinational corporations.
Oxford Handbooks offer authoritative and up-to-date surveys of original research in a particular subject area. Specially commissioned essays from leading figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social
sciences.Readership: Advanced students and scholars of international trade, international economic law, WTO law and related areas.
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Daniel Bethlehem, Legal Advisor, UK Foreign and Commonwealth Office, Donald McRae, Hyman Soloway Professor, University of Ottawa, Canada, Rodney Neufeld, Legal Officer, Canadian Department of Foreign Affairs and International Trade, and Isabelle Van Damme, Fellow, College Lecturer in Law, Clare College Cambridge and Affiliated University Lecturer in Law, University of Cambridge Contributors:
Ichiro Araki : Yokohama National University
Jeffrey Atik : Loyola Law School, Los Angeles
Lorand Bartels : University of Cambridge, Visiting at Max Planck Institute for
Comparative Public Law and International Law, Heidelberg
Daniel Bethlehem : United Kingdom Foreign and Commonwealth Office
Dan Bodansky : Georgia School of Law
Jan Bohanes : Sidley Austin LLP, Geneva
Laurence Boisson de Chazournes : University of Geneva
Theo Boutruche : University of Geneva
Bill Davey : University of Illionois College of Law
Piet Eeckhout : King's College London
Craig Forcese : University of Ottawa
David Gantz : University of Arizona
Valerie Hughes : Gowling Lafleur Henderson LLP, Ontario
John Jackson : Georgetown University Law Center
Pieter-Jan Kuijper : European Commission
Andrew Lang :London School of Economics and
Political Science
Jessica Lawrence : Georgia
Nicolas Lockhart : Sidley Austin LLP, Geneva
Donald McRae : University of Ottawa
Gabrielle Marceau : Legal Affairs Division of the WTO Secretariat
Mitsuo Matsushita : Seikei University, Tokyo
Andrew Mitchell : Melbourne Law School
Rodney Neufeld : Canadian Department of Foreign Affairs
Hunter Nottage : The Advisory Centre on WTO Law, Geneva
Marcos Orellana : Center for International Environemtal Law, Washington DC
Federico Ortino : British Institute of International and Comparative Law
Joel Trachtman : Tufts University, Massachusetts
Isabelle Van Damme : Clare College Cambridge
Tania Voon :
Melbourne Law School
Joseph Weiler : New York University
Gil Winham : Dalhousie University, Nova Scotia
Alan Yanovich : WTO Appellate Body Secretariat
Werner Zdouc : Director of the WTO Appellate Body Secretariat
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"The Oxford Handbook of International Trade Law is an important contribution to the literature and one that will appeal to the scholar, practitioner, and advanced student of international law and economic relations" - Mary Footer, World Trade Reviews
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INTRODUCTION
1: Daniel Bethlehem Rodney Neufeld Donald McRae Isabelle Van Damme: Introduction
Part I: THE ECONOMIC AND INSTITUTIONAL CONTEXT OF THE WORLD TRADING SYSTEM
2: Gil Winham: The Evolution of the World Trading System - The Economic and Policy Context
3: John Jackson: The Evolution of the World Trading System - The Legal and Institutional Context
4: Donald McRae: The Place of the WTO in the International System
PART II: SUBSTANTIVE LAW
5: Pieter Jan Kuijper: WTO Institutional Aspects
6: Federico Ortino: GATT
7: Andrew Lang: GATS
8: Andrew Mitchell and Tania Voon: TRIPS
9: Gabrielle Marceau and Joel Trachtman
: Responding to National Concerns
10: David Gantz: Regional Trade Agreements
PART III: SETTLEMENT OF DISPUTES
11: Valerie Hughes: The Institutional Dimension
12: Isabelle Van Damme: Jurisdiction, Applicable Law, and Interpretation
13: Alan Yanovich and Werner Zdouc: Procedural and Evidentiary Issues
14: Jan Bohanes and Nicolas Lockhart: Standard of Review in WTO law
15: Piet Eeckhout: Remedies and Compliance
16: William Davey: The Limits of Judicial Processes
PART IV: TRADE AND EL THE NEW AGENDA AND LINKAGE ISSUES
17: Hunter Nottage: Trade and Development
18: Daniel Bodansky and Jessica Lawrence: Trade and Environment
19: Gabrielle Marceau: Trade and Labour
20: Lorand Bartels: Trade and Human Rights
21: Jeffrey Atik: Trade and Health
22: Rodney Neufeld: Trade and Investment
23: Mitsuo Matsushita: Trade and Competition Policy
PART V: THE WIDER FRAMEWORK
24: Marcos Orellana: WTO and Civil Society
25: Laurence Boisson de Chazournes and Théo Boutruche: International Trade Law, United Nations Law, and Collective Security Issues
26: Craig Forcese: Regulating Multinational Corporations and International Trade Law
CONCLUSION
27: Joseph Weiler: Law, Culture, and Values in the WTO- Gazing into the Crystal Ball
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